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2003 (7) TMI 609 - CESTAT, NEW DELHIExtract: .......lting in obviously miscarriage of justice. They had not been even heard by the Commissioner (Appeals). Therefore, the impugned order of the Commissioner (Appeals) is set aside and the matter is sent back to the Commissioner (Appeals) for deciding the appeal on merits after hearing both the sides. 5. emsp The appeal is thus allowed by way of remand.
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